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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 77. ENERGY CONSERVATION |
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SubChapter III. IMPROVING ENERGY EFFICIENCY |
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Part A–1. Certain Industrial Equipment |
§ 6316. Administration, penalties, enforcement, and preemption
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(a) The provisions of section 6296(a), (b), and (d) of this title, the provisions of subsections (l) through (s) of section 6295 of this title, and section of this title to the same extent and in the same manner as the provisions apply under part A on the date of publication of the final rule by the Secretary, except that any State or local standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards take effect. (B) In applying section 6297 of this title in accordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of this section shall apply. (4) (A) If the Secretary does not issue a final rule for a specific type of commercial refrigerator, freezer, or refrigerator-freezer within the time frame specified in section 6313(c)(5) 2 of this title, subsections (b) and (c) of section 6297 of this title shall not apply to that specific type of refrigerator, freezer, or refrigerator-freezer for the period beginning on the date that is 2 years after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of refrigerator, freezer, or refrigerator-freezer. (B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect. (5) (A) In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of section 6313(c) of this title, the Secretary shall require manufacturers to certify, through an independent, nationally recognized testing or certification program, that the commercial refrigerator, freezer, or refrigerator-freezer meets the applicable standard. (B) The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and certification programs. (C) As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary. (f) (1) (A) (i) Except as provided in clause (ii), section 6297 of this title shall apply to automatic commercial ice makers for which standards have been established under section 6313(d)(1) of this title to the same extent and in the same manner as the section applies under part A on August 8, 2005 .(ii) Any State standard issued before August 8, 2005 , shall not be preempted until the standards established under section 6313(d)(1) of this title take effect.(B) In applying section 6297 of this title to the equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of this section shall apply. (2) (A) (i) Except as provided in clause (ii), section 6297 of this title shall apply to automatic commercial ice makers for which standards have been established under section 6313(d)(2) of this title to the same extent and in the same manner as the section applies under part A on the date of publication of the final rule by the Secretary. (ii) Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards established under section 6313(d)(2) of this title take effect. (B) In applying section 6297 of this title in accordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) of this section shall apply. (3) (A) If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in section 6313(d) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of automatic commercial ice maker for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering the specific type of automatic commercial ice maker. (B) Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect. (4) (A) The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance. (B) If the Secretary finds that there has been a substantial amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values. (g) (1) (A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section 6313(e)(2) of this title, subsections (b) and (c) of section 6297 of this title shall not apply to commercial clothes washers for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary publishes a final rule covering commercial clothes washers. (B) Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under section 6313(e)(2) of this title take effect. (2) The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recovering those costs through coin collection. (h) Walk-in coolers and walk-in freezers.— (1) Covered types.— (A) Relationship to other law.— (i) In general.— Except as otherwise provided in this subsection, section 6297 of this title shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 6313(f) of this title to the same extent and in the same manner as the section applies under part A on December 19, 2007 .(ii) State standards.— Any State standard prescribed before December 19, 2007 , shall not be preempted until the standards established under paragraphs (1) and (2) of section 6313(f) of this title take effect.(B) Administration.— In applying section 6297 of this title to equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. (2) Final rule not timely.— (A) In general.— If the Secretary does not issue a final rule for a specific type of walk-in cooler or walk-in freezer within the timeframe established under paragraph (4) or (5) of section 6313(f) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period— (i) beginning on the day after the scheduled date for a final rule; and (ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer. (B) State standards.— Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect. (3) California.— Any standard issued in the State of California before January 1, 2011 , under title 20 of the California Code of Regulations, that refers to walk-in coolers and walk-in freezers, for which standards have been established under paragraphs (1), (2), and (3) of section 6313(f) of this title, shall not be preempted until the standards established under section 6313(f)(4) of this title take effect.
References In Text
The National Appliance Energy Conservation Act of 1987, referred to in subsec. (a)(5), (9), is Pub. L. 100–12,
The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), is Pub. L. 102–486,
The Energy Policy Act of 2005, referred to in subsec. (a)(9), is Pub. L. 109–58,
The National Appliance Energy Conservation Amendments of 1988, referred to in subsec. (a)(6), is Pub. L. 100–357,
Section 6313(c)(4) and (c)(5) of this title, referred to in subsec. (e)(3)(A) and (4)(A), were redesignated section 6313(c)(5) and (c)(6) of this title, respectively, by Pub. L. 112–210, § 4(2),
Amendments
2012—Pub. L. 112–210, § 10(a)(5)(B), made technical amendment to references in original act which appear in subsecs. (b)(1), (d)(1), (e)(1)(A), (2)(A), (3)(A), (f)(1)(A)(i), (2)(A)(i), and (h)(1)(A)(i) as references to part A.
Subsec. (a). Pub. L. 112–210, § 10(a)(5)(A), substituted “subparagraphs (B), (C), (D), (I), (J), and (K)” for “subparagraphs (B) through (G)” in introductory provisions.
Subsec. (a)(10). Pub. L. 112–210, § 10(a)(5)(C), added par. (10).
Subsec. (b)(1). Pub. L. 112–210, § 10(a)(5)(A), (D), substituted “section 6295(p)(4)” for “section 6295(p)(5)” and “subparagraphs (B), (C), (D), (I), (J), and (K)” for “subparagraphs (B) through (G)”.
Subsec. (h)(3). Pub. L. 112–210, § 10(a)(5)(E), substituted “section 6313(f)(4)” for “section 6313(f)(3)”.
2007—Subsec. (a). Pub. L. 110–140, § 312(e)(1), substituted “subparagraphs (B) through (G)” for “subparagraphs (B), (C), (D), (E), and (F)” in introductory provisions.
Subsec. (b)(1). Pub. L. 110–140, §§ 308(b), 312(e)(1), inserted “section 6295(p)(5) of this title,” after “The provisions of” and substituted “subparagraphs (B) through (G)” for “subparagraphs (B), (C), (D), (E), and (F)”.
Subsec. (h). Pub. L. 110–140, § 312(e)(2), added subsec. (h).
2005—Subsec. (a)(9). Pub. L. 109–58, § 136(h)(1), added par. (9).
Subsec. (b)(1). Pub. L. 109–58, § 136(h)(2), substituted “part A” for “part B”, which for purposes of codification had been translated as “part A” thus requiring no change in text.
Subsecs. (d) to (g). Pub. L. 109–58, § 136(h)(3), added subsecs. (d) to (g).
1998—Subsec. (c). Pub. L. 105–388 inserted “standard” after “meets the applicable”.
1992—Pub. L. 102–486, § 122(e)(3), substituted “enforcement, and preemption” for “and enforcement” in section catchline.
Subsec. (a). Pub. L. 102–486, § 122(e)(1)(A), inserted “(other than the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 6311(l) of this title)” after “to this part” and substituted “, the provisions of subsections (l) through (s) of section 6295 of this title, and section 6297” for “and sections 6298”.
Subsec. (a)(1). Pub. L. 102–486, § 122(e)(1)(B), substituted “, 6294, and 6295 of this title” for “and 6294 of this title” and “6314, 6315, and 6313 of this title, respectively” for “6314 and 6315 of this title, respectively”.
Subsec. (a)(5) to (8). Pub. L. 102–486, § 122(e)(1)(C)–(E), added pars. (5) to (8).
Subsecs. (b), (c). Pub. L. 102–486, § 122(e)(2), added subsecs. (b) and (c).
Effective Date Of Amendment
Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after